Maryland Expungement Guide

Expunge Your Maryland Criminal Record

Maryland law provides two paths to clearing your record: expungement under Md. Crim. Proc. § 10-101 (permanent destruction of records) and shielding under § 10-301 (records hidden from most employers). Eligibility depends on your charge type, disposition, and waiting period.

Two Ways to Clear Your Record in Maryland

Expungement

Md. Crim. Proc. § 10-101 et seq.

Physical and electronic records are destroyed. After expungement, you can legally deny the arrest or charge ever occurred in most contexts. Available for non-convictions (acquittals, nolle prosequi, stet) and certain eligible convictions after waiting periods.

  • Records permanently destroyed
  • Can legally deny the charge occurred
  • Available for acquittals and many non-convictions immediately

Shielding

Md. Crim. Proc. § 10-301 et seq.

Records are hidden from most employers and the public but not destroyed. Law enforcement, courts, and certain licensing boards can still access them. Shielding applies to certain misdemeanor convictions and marijuana possession charges not eligible for full expungement.

  • Hidden from most employers and public
  • Law enforcement retains access
  • Available for certain misdemeanor convictions

Expungement Eligibility — § 10-105

Acquittals / Not Guilty

Immediately eligible

If you were found not guilty at trial, you may petition for expungement immediately. The State has 30 days to object.

Nolle Prosequi / Dismissed

3 years (or immediately if State agrees)

Charges that were dropped or dismissed (nolle prosequi, stet, or dismissal) are eligible after 3 years — or immediately if the State's Attorney consents in writing.

Probation Before Judgment (PBJ)

3 years after probation ends

PBJ is not a conviction, but you must wait 3 years after the probationary period ends. Drug PBJs may be eligible after 3 years under § 10-105(c).

Certain Misdemeanor Convictions

10 years after sentence completed

A limited list of misdemeanors (including minor theft, disorderly conduct, trespassing, and similar minor offenses) are eligible for expungement under § 10-110 after 10 years. You may have no other convictions during that period.

Marijuana Possession (< 10g)

Immediately eligible

Following Maryland's Cannabis Reform Act and subsequent decriminalization, possession of under 10 grams (now a civil offense) qualifies for immediate expungement of the criminal record.

Felony Convictions (most)

Generally NOT eligible

Most felony convictions are not eligible for expungement in Maryland. However, felony drug convictions (possession, not distribution) may qualify for shielding under § 10-301 after 7 years.

Shielding Eligibility — § 10-301

Shielding under Md. Crim. Proc. § 10-301 is available for convictions that do not qualify for full expungement. It was enacted in 2021 and substantially expanded Maryland's ability to help people with criminal records.

Eligible Misdemeanors (§ 10-301(a))

  • Certain theft under $1,500
  • Disorderly conduct
  • Disturbing the peace
  • Malicious destruction of property (<$500)
  • Prostitution (non-trafficking)
  • Trespass

Drug Convictions (§ 10-301(b))

  • Possession of marijuana
  • Possession of controlled dangerous substance
  • Eligible after 7 years from sentence completion
  • Must have no subsequent disqualifying conviction

Note: Shielding does not apply if the conviction involved a minor victim, is a sex offense requiring registration, or involved use of a firearm.

How to File for Expungement in Maryland

1

Obtain your criminal record (CJIS report)

Request a certified criminal record from the Maryland Criminal Justice Information System (CJIS) at mdcourts.gov. This will show all charges, dispositions, and case numbers you need to identify eligible offenses. Filing fee: $18.

2

Complete Form CC-DC-CR-072 (Petition for Expungement)

Download Form CC-DC-CR-072 from mdcourts.gov. You must file a separate petition for each case — not each charge. Fill in the case number, court, date, charges, and disposition. The form requires your signature and a sworn statement.

3

File in the court where you were charged

File the petition in the District Court or Circuit Court where the original case was heard. Filing fee: $30 per petition (waivable if indigent — request a fee waiver Form CC-DC-095). Serve a copy on the State's Attorney.

4

State's Attorney review period

The State's Attorney has 30 days to object to the expungement. If no objection is filed within 30 days, the court may grant the expungement automatically. If an objection is filed, a hearing is scheduled.

5

Hearing (if contested)

If the State objects, you will have a hearing before a judge. You may present evidence why expungement should be granted. Most uncontested petitions are granted without a hearing.

6

Expungement order issued and implemented

Once the order is signed, all courts, law enforcement agencies, and the State must destroy or obliterate the records within 60 days. You will receive a copy of the signed order.

What Expungement Does (and Doesn't) Cover

After Expungement You Can:

  • Legally deny the arrest or charge occurred (in most employment and housing contexts)
  • Pass most private employer background checks
  • Apply for most professional licenses without disclosing the charge
  • Apply for most rental housing without disclosing
  • Answer "No" on most private sector job applications

Expungement Does NOT:

  • Restore firearm rights (federal law controls this separately)
  • Apply to federal background checks for federal employment
  • Prevent law enforcement from accessing the record
  • Affect records in other states or federal databases
  • Apply to sex offender registration requirements
  • Remove civil court records (only criminal records)

Free Legal Help in Maryland

Maryland Legal Aid

410-539-5340

Free expungement assistance for qualifying low-income residents statewide

Office of the Public Defender Reentry Division

mdpublicdefender.org

Assists people with criminal records in reentry planning including expungement

Community Legal Services of PG County

301-864-8354

Free civil legal help including expungement in Prince George's County

Maryland Courts Self-Help Center

mdcourts.gov

Expungement forms (CC-DC-CR-072) and filing instructions free online

ACLU of Maryland

aclu-md.org

Resources and advocacy for criminal record relief statewide

Baltimore City Expungement Clinics

baltimorecity.gov

Periodic free clinics with legal assistance for Baltimore City residents

Start Your Expungement

Maryland Expungement Documents

Get your Maryland expungement petition (Form CC-DC-CR-072), eligibility checklist, service instructions, and plain-English guide to the Maryland expungement process.

Get Expungement Documents — $47

For informational purposes only. Not legal advice. Consult an attorney for your specific situation.

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